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In Epic Systems Corp. v. Lewis the Supreme Court Deals a Blow to Employee Class Actions

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In a case that sharply divided the Supreme Court on ideological lines but which will delight many employers, the court ruled that employees who sign arbitration agreements can be precluded from participating in class actions and thus must litigate their cases on an individual basis.

This is to be contrasted with the current trend where plaintiff’s counsel identify an employer pattern or practice that allegedly violates an employment law, often the failure to pay overtime or systemic discrimination, and bring a class action litigation on behalf of all negatively impacted employees. The impact of the court’s ruling, authored by Justice Neil

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